cultural resources

Oregon DHS v. Three Affiliated tribes (MHA Nation): ICWA Case in Oregon Court of Appeals

Matthew L.M. Fletcher

Here.

An excerpt:

The Three Affiliated Tribes of Fort Berthold Reservation (the tribes) appeal a judgment in which the trial court concluded that “good cause” under the Indian Child Welfare Act (ICWA) existed to designate the adoptive placement for two Indian children as the home of their current foster parents rather than the home designated by the tribes. On appeal, the legal issue is whether “good cause” exists to depart from ICWA’s placement preferences. 25 USC § 1915(a). As we will explain, we are bound by the trial court’s findings of fact if there is any evidence in the record to support them, but independently assess whether those findings are sufficient to support the trial court’s legal conclusion that “good cause” exists under the circumstances of this case. Applying that standard, we affirm

ICWA Cases To Be Assigned to One Judge in Washtenaw County (Judge Connors!)

Matthew L.M. Fletcher

Here is the order: 2007-06J Case Assignments LAO 2007.

Utah Alleged Grave Robber Motion to Dismiss Indictment Rejected

Matthew L.M. Fletcher

Here are recent materials in United States v. Sommerville (D. Utah), over whether the defendant must have actual knowledge that certain artifacts are protected by the Archeological Resources Protection Act:

Sommerville Motion to Dismiss

US Opposition to Sommerville Motion

DCT Order on Sommerville Motion to Dismiss

Pit River Tribe v. USFS in Ninth Circuit

Matthew L.M. Fletcher

Opinion here. The court rejected Pit River’s challenge to the district court remand back to the USFS for NEPA violations, holding that the agency did not have to start over on the underlying question (Calpine’s proposed lease extensions near Medicine Lake).

California COA Holds that ICWA Notice to Tribe Not Required Where “Reasonable Probability” is that Child is Not Indian

Matthew L.M. Fletcher

Here is the opinion in In re Skyler H.:

An excerpt:

While the standard for ICWA notice is low, it is not without reasonable limits. This case raises the issue whether a child’s specific but attenuated Indian heritage invokes ICWA notice requirements under section 224.3, subdivision (b), which describes circumstances that may provide reason to know the child is an Indian child. We hold the trial court has discretion to consider the totality of the information presented concerning the child’s family circumstances to determine whether it meets the threshold required for ICWA notice-“the court knows or has reason to know the child is an Indian child.” (§ 224.2.) We further hold ICWA notice is not required unless the totality of the family’s circumstances indicate there is a low but reasonable probability the child is an Indian child. Here, we conclude the case need not be remanded for ICWA notice because the family’s specific but attenuated Indian heritage does not provide reason to know the child is an Indian child.

D.C. Federal Court Dismisses Geronimo v. Obama

Matthew L.M. Fletcher

Here: DCT Dismissal.

Earlier materials are here.

Cranbrook Repatriation

Matthew L.M. Fletcher

From Indianz:

The Cranbrook Institute of Science in Michigan is preparing to repatriate 59 ancestors to a group of tribes.

The 13 tribes requested the ancestors in 2008. The museum’s board of directors voted to repatriate the remains under the Native American Graves Protection and Repatriation Act.

“It is the right thing to do,” Michael Stafford, the Institute’s director, told The Detroit Free Press. “We don’t view these remains as data. We see them as people, with spirits and souls.”

The Little Traverse Bay Bands of Odawa Indians is coordinating the process. The band will work with the other tribes on the reburial.

“We see this as a human rights issue,” Eric Hemenway, a repatriation expert for the tribe, told the paper.

Get the Story:

Tribes to finally lay ancestors to rest (The Detroit Free Press 7/21)

South Dakota Supreme Court Dismisses ICWA Appeal by Parents for Failure to Serve Notice on Intervening Tribes

Matthew L.M. Fletcher

Here is the opinion in In re B.C.

Winnemem Wintu Tribe’s Cultural Property Claims Largely Dismissed

Matthew L.M. Fletcher1 Comment

Here is the opinion in Winnemem Wintu Tribe v. DOI (E.D. Cal.): Winnemem Wintu Tribe v. DOI

Washington Appellate Court Affirms Termination of Nooksack Parent’s Rights

Matthew L.M. Fletcher

Here is the opinion in In re LNB-L.

Of note, the court affirmed that the State’s qualified Indian expert witness was qualified, despite the fact that she could not describe the traditional Nooksack family unit, on grounds that the tribe had passed a resolution stating she was qualified.